Terms and conditions

AVG STANDARD TERMS AND CONDITIONS

BY MAKING A CUSTOMER REQUEST, THE CUSTOMER CONFIRMS THAT IT AGREES TO THESE TERMS AND CONDITIONS.

PARTIES

(1) Advanced Vehicle Glazing Limited, a company registered in England and Wales under number: 02892561, with registered address: Unit 7 Kempston Court, Kempston Hardwick, Bedford, England, MK43 9PQ (‘AVG’); and

(2) the Customer,

each a ‘Party’ and together the ‘Parties’.

BACKGROUND

(A) AVG shall provide the Services to the Customer on the terms of these Terms and Conditions.

(B) Except where stated that the terms shall specifically apply to the Consumer Customer or the Corporate Customer only, these Terms and Conditions shall apply to the Customer (as defined below).

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

‘Appointment’
has the meaning given to it in clause 5.3;

‘Booking’ means a Customer Request which has been accepted by AVG for the provision of the Works;

‘Business’
means any business, trade, craft, or profession carried on by a Consumer Customer;

‘Consumer Customer’ means a ‘Consumer’ as defined by the Consumer Rights Act 2015, that is to say an individual who receives any of the Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;

‘Corporate Customer’ means a Customer who is not a Consumer Customer and who is in receipt of the Services for business or commercial purposes;

‘Customer’ means a Consumer Customer and Corporate Customer of AVG;

‘Customer Request’ means a request by a Customer to make a Booking for the provision of the Works (including a request which is made by the Customer to Us directly and/or via a third party who then subcontracts the work to Us);

‘Glass’ means any and all vehicle glass required for AVG to supply the Works to the Customer;

‘AVG/Us/We/Our’ means AVG as defined herein and reference to AVG shall include reference to its contractors, subcontractors, staff and/or agents;

‘Manufacturer’ means the manufacturer of the Vehicle;

‘Price’ means the fee payable for the Works including parts, labour, and any additional charges (including any VAT payable and which shall be confirmed in each invoice from time to time);

‘Quote’ means an estimated Price for the Works (whether provided by AVG verbally or in writing);

‘Regulations’ means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

‘Same Day Appointment’ an Appointment which is provided by AVG on the same day as the Customer Request was made by the Customer.

‘Services’ means the windscreen chip repair, windscreen replacement, side window replacement, rear window replacement and camera calibration services provided by AVG in relation to the Vehicles and such other services that may be offered by Us from time to time;

For the avoidance of doubt (and except where otherwise notified to the Customer from time to time), the Services shall not include mirror replacement services or any replacement services to ‘convertible rear screens’;

‘Timeframe’ means the estimated hours for the Appointment that AVG shall communicate to the Customer from time to time in relation to the provision of the Works;

‘Vehicle’ means the Customer’s vehicle which may be a car, van, motorhome, caravan, heavy goods vehicle (HGV), plant vehicle, bus or trailer;

‘Warranty Period’ means the period of 12 months commencing on the date on which the Works are completed by AVG, during which the Customer shall be entitled to the Warranty as set out in clause 18; and

‘Works’ means the particular Services that We agree to provide to the Customer.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

  • ‘writing’ includes a reference to any communication effected by electronic or similar means;
  • a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  • ‘these Terms and Conditions’ is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time; and
  • a clause or paragraph is a reference to a clause of these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and will not affect the interpretation of these Terms and Conditions.

1.4 Words signifying the singular shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

2. CONTACT

2.1 The Customer may contact AVG by:

  1. telephoning Our customer services team on: 0333 015 38 83; and/or
  2. emailing us at: info@avgwindscreens.co.uk or broker@avgwindscreens.co.uk and/or
  3. WhatsApp on 0333 015 38 83

2.2 We may contact the Customer by:

  1. telephone on the telephone number provided by the Customer; and/or
  2. in writing by email and/or post to the email address and/or postal address provided by the Customer to Us.

2.3 We will use the Customer’s Vehicle registration number to identify a Booking. The Customer must quote the Vehicle registration number in all correspondence with AVG.

3. BOOKING

3.1 The Customer may make a Customer Request for Our Services (subject to Our confirming the Booking) by contacting Us at the details specified in clause 2.1 above.

3.2 When making a Customer Request, the Customer must give Us the following information:

  1. the Customer’s name and contact details and whether the Customer is a Consumer Customer or a Corporate Customer;
  2. the location at which the Services are to be provided (the ‘Location’);
  3. the Customer’s insurance details (if appropriate); and
  4. the registration number, make and model to which the Customer Request relates.

3.3 Where a Customer Request is made by a Consumer Customer, it warrants that it is a Consumer as defined under the Consumer Rights Act 2015. The Consumer Customer also warrants that it is the registered owner of the Vehicle. The Consumer Customer shall provide all evidence as requested by AVG (and to AVG’s satisfaction) to confirm its registered ownership of the Vehicle. However, AVG shall have no responsibility or liability for checking and/or verifying that the Consumer Customer is indeed the registered owner of the Vehicle at any time or if the documentation or evidence provided turns out to be false, inaccurate and/or untrue. We provide Services to the Consumer Customer for its personal and private use/purposes as a Consumer.

3.4 Where a Booking is made by a Corporate Customer, the Corporate Customer warrants that it is not a ‘Consumer’ as defined under the Consumer Rights Act 2015. The Corporate Customer also warrants that it has all licenses, consents and authority to make the Customer Request and receive the Works and that it has the authority to enter into a binding contract with AVG. AVG shall not be liable to check the validity of any license, consent or authority of the Corporate Customer or in relation to its ownership of the Vehicle.

3.5 The Customer shall hold AVG, its contractors, subcontractors, staff and/or agents harmless against, and make good, any losses, cost or damage which AVG, its contractors, staff and/or agents incur as a result of any claim against Us by the registered owner of the Vehicle alleging that, or resulting from the fact that, the Customer is not authorised to enter into a contract with AVG or receive the Services.

3.6 AVG may offer a ‘first come, first serve, drop in’ appointment service.

3.7 AVG may refuse to accept a Customer Request where such Services cannot be performed by AVG for any reason including, without limitation, where the Services can only be provided by the Manufacturer of the Vehicle and/or in the event of adverse or unfavourable weather conditions at the Location on the date of the Appointment in accordance with clause 5.4 below.

4. ESTIMATES AND QUOTES

4.1 We may prepare and submit a Quote to the Customer by telephone. Any Quote provided by Us is an estimate only and may be subject to change for any reason including, without limitation, if, on providing the Works We believe, in Our sole and absolute discretion, that further Services are required. Any Quote given by AVG shall not constitute an offer.

4.2 If We are required to revise Our Quote in accordance with clause 4.1, We shall inform the Customer prior to commencing the Works, where practicable.

4.3 The Customer shall pay for all Works in accordance with clause 6 below.

5. ACCEPTANCE OF A BOOKING AND THE SERVICES

5.1 We will confirm the Booking to the Customer using the details provided at clause 2.2 at which point a binding contract between the Customer and AVG shall come into existence. If We are unable to accept the Customer’s order for any reason, We shall confirm this to the Customer as soon as reasonably practicable but We shall not be obliged to provide any reason or explanation.

5.2 All Bookings are subject to availability of the Glass. In the event that the Glass may be ordered from Our supplier(s), We shall use Our reasonable endeavours to obtain an estimated delivery date from Our supplier(s). Any delivery date provided by Our supplier(s) shall be an estimate only and AVG shall have no liability or responsibility whatsoever for any failure of the supplier to meet the delivery dates or any delays to the Works as a result.

5.3 Subject to clause 5.2 above, AVG shall use its reasonable endeavours to provide the Works to the Customer on the date, and within the Timeframe, communicated to the Customer at the time of the Booking (the ‘Appointment’) but provides no guarantee that such date and time shall be met. Time shall not be of the essence for the performance of the Works and AVG shall not be liable whatsoever for any losses, charges or costs incurred by the Customer (whether directly or indirectly) for AVG’s failure or delay in providing the Works at the Appointment time or within the Timeframe.

5.4 The Services shall be provided at the Location notified by the Customer to AVG at the time of the Customer Request. AVG may refuse to provide the Services at the Location if it considers, in its sole and absolute discretion, that the Location is unsafe, unfit or for any reason whatsoever for AVG to provide its Services including, without limitation, as a result of any adverse or unfavourable weather conditions. In such an event, AVG shall notify the Customer and attempt to rearrange the Appointment or it shall request that the Vehicle be moved to a safer location.

5.5 If, at the time of the Appointment, We become aware of any further Services that may be required (including any camera or sensor recalibration not already agreed as part of the Works) AVG will notify the Customer. AVG shall not provide any further Services unless agreed with the Customer in advance. If AVG is unable to provide or complete the Works without providing further Services, it shall inform the Customer. If further Services are required and agreed by the Customer, AVG may re-arrange the Appointment with the Customer. AVG will not be liable for any failure or delay to provide the Works as a result of any further Services that are necessary. Any further Services are subject to additional Prices which shall be communicated to the Customer by AVG from time to time.

6. PAYMENT AND INVOICES

6.1 Following the completion of the Work, We shall issue an invoice to the Customer setting out the Price payable.

6.2 Following the Acceptance of booking (Section 5). If the customer does not have a pre-established trade account with AVG Windscreens, We shall take payment at the time of the booking confirmation.

6.3 All amounts payable by the Customer under these Terms and Conditions are exclusive of amounts in respect of value added tax (the ‘VAT’) chargeable. Where any taxable supply for VAT purposes is made under these Terms and Conditions by AVG to the Customer, the Customer shall, on receipt of a valid VAT invoice from AVG, pay AVG the VAT as is chargeable on the supply of the Services at the same time as payment is due.

6.4 The Customer shall pay each invoice submitted by AVG:

  1. Upon receipt of the invoice;
  2. in full and cleared funds, (without set-off or counterclaim) to a bank account nominated in writing by AVG,

and time for payment shall be of the essence of these Terms and Conditions.

6.5 If the Customer fails to make a payment due to the Supplier under these Terms and Conditions by the due date, then, without limiting any other remedy AVG may have, in law, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest, under this clause 6.4, will accrue each day at 8% a year above the Bank of England’s base rate from time to time, but at 8% a year for any period when that base rate is below 0%.

7. INSURANCE CLAIMS

7.1 If the Works to be carried out on the Vehicle is the subject of an insurance claim, the Customer (or the policyholder if not the Customer) must sign any documents (including any electronic documents by way of e-signature) required by the insurer to be signed to confirm the completion of the Works.

7.2 AVG shall not be responsible for any delay in completing the Works and/or returning the Vehicle to the Customer where that delay arises as a result of any failure or delay by any third party supplier of AVG to deliver parts or Glass or where AVG is unable to provide the Services as a result of adverse or unfavourable weather conditions.

7.3 We will use Our reasonable endeavours to verify the insurance policy details provided by the Customer to Us. However, the Customer shall be solely liable for ensuring whether the Works under these Terms and Conditions are fully covered by any insurance policy.

Where We have been unable to verify the Customer’s policy details in advance of providing Our Services to the Customer, We shall rely on the information that the Customer provided to Us. We reserve all Our rights to recover payment for Our Services from the Customer, in all circumstances including, without limitation, where information the Customer has provided to us is false, inaccurate and/or untrue regardless of whether the Customer is at fault.

7.4 The Customer warrants that it shall be liable to pay Us the Price and any charges due under these Terms and Conditions in the event that the insurance policy does not cover the Works or the insurance provider does not or fails to pay out or release the insurance monies, in full, to Us for any reason.

8. THE WORKS

8.1 If We provide any windscreen replacement services as part of the Works, We shall not be responsible for providing the Customer with any of the manufacturer-sourced glass or parts. Any glass or parts removed shall become the property of AVG immediately upon the commencement of the Works.

8.2 The Customer must remove all personal items from the Vehicle prior to the commencement of the Works. AVG shall have no responsibility or liability to the Customer for any personal items which are lost, damaged or stolen during the provision of the Services.

8.3 AVG shall accept no liability whatsoever for any cracks or damage to the windscreen which arise in respect of the Works where:

  1. the windscreen becomes cracked or otherwise damaged during the provision of any chip repair services by AVG; or
  2. the Customer does not use AVG’s Glass but instead sources and/or provides its own glass which AVG uses in the provision of the Works and the windscreen becomes chipped, cracked or otherwise damaged; or
  3. during the provision of the remove and refit services by AVG, the windscreen or encapsulation becomes cracked or otherwise damaged.

8.4 Upon the occurrence of any event specified in clause 8.3 above, the Customer shall be required to pay such additional costs and Prices for the replacement of the windscreen. Any replacement of the windscreen shall be subject to availability of the Glass and clause 5.2 shall apply. AVG may be required to rearrange an Appointment to replace any windscreen which has been chipped, cracked or otherwise damaged as a result of an event specified in clause 8.3. AVG shall not be liable whatsoever for any losses, charges or costs incurred by the Customer (whether directly or indirectly) for AVG’s failure or delay in providing the Works at the Appointment time or within the Timeframe.

8.5 In the event that AVG provides chip replacement services using Glass, supplied by AVG or by AVG’s third party supplier, for the windscreen, and in the process the windscreen becomes chipped, cracked or otherwise damaged, AVG may agree to supply replacement Glass and replace the windscreen without charge.

8.6 Prior to commencing the Services, AVG may complete a ‘damage report’ to record any damage suffered by the Vehicle prior to the commencement of the Works (the ‘Damage Report’). The Customer agrees that the Damage Report only records the damage that is visible by AVG at the time of the Appointment and is not an exhaustive list of all damage to the Vehicle prior to the provision of the Works. AVG shall not be liable to provide any other services (including any damage noted in the damage report) other than the Works.

8.7 AVG shall not be liable for any changes to the cosmetic appearance of the Vehicle which is altered as a result of the Works.

8.8 If following the Works, the Customer requires camera or sensor calibration services, this will be charged at an additional Price which AVG shall communicate to the Customer. AVG shall not provide any further Services unless agreed with the Customer in advance.

8.9 AVG shall not be responsible for highlighting to the Customer any other defects to the Vehicle which it becomes aware of during the provision of the Works unless such defect shall affect the provision of the Works.

8.10 AVG shall only provide the Services within the United Kingdom and Our Services are intended for use only in the United Kingdom.

9. THE CUSTOMER’S OBLIGATIONS

9.1 The Customer warrants that:

  1. the details provided in clauses 2.2 and 3.2 are complete, true and accurate;
  2. it has provided AVG will all relevant information necessary for AVG to provide the Works including, without limitation, any Manufacturer’s instructions which would impact the provision of the Services and the Works. AVG shall not be responsible or liable for any failure to comply with any warranties where the Customer has not otherwise informed Us in writing;
  3. it shall co-operate with AVG in relation to the Services and any Bookings;
  4. it is not aware of any circumstances which would affect AVG’s performance in carrying out the Services or the Works;
  5. it shall be fully liable for all personal items left in the Vehicle whilst the Services are provided;
  6. it shall ensure the Location is safe and suitable for AVG to provide the Services;
  7. obtain and maintain all necessary licences, permissions, authorisations and consents which may be required for the Services before the date on which the Services are to start; and
  8. it shall provide AVG, its contractors, subcontractors, staff and/or agents, with access to the Location as reasonably required by AVG.

9.2 If AVG’s performance of any of its obligations under these Terms and Conditions are prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (the ‘Customer Default’):

  1. without limiting or affecting any other right or remedy available to it, AVG shall have the right to suspend performance of the Services, at any time, until the Customer remedies the Customer Default;
  2. AVG shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from AVG’s failure or delay to perform any of its obligations as set out in this clause 9.2; and
  3. where the Services are provided to a Corporate Customer only: the Customer shall reimburse AVG on written demand for any costs, expenses or losses sustained or incurred AVG arising directly or indirectly from the Customer Default.

Clauses 10 to 12 (inclusive) applies to Consumer Customers ONLY. For the avoidance of doubt, clauses 10 to 12 (inclusive) do not apply to Corporate Customers.

10. Consumer Customer Cancellation – this clause applies to Consumer Customers only.

10.1 A Consumer Customer may cancel any Booking for any reason by providing notice, as set out in clause 10.3, within 14 days of the date of the acceptance of the Booking by AVG (inclusive) (the ‘Cancellation Period’) provided no Services have been provided by AVG within the Cancellation Period. Where the Consumer Customer cancels the Booking in accordance with this clause 10.1, We will refund any payment already made by the Consumer Customer within 14 days of receiving the cancellation notice in accordance with clause 10.3 below.

10.2 AVG will wait until the Cancellation Period is over before its start to carry out the Services unless:

  1. the Consumer Customer requests AVG to commence the Services before the expiry of the Cancellation Period and provides AVG with written confirmation and consent of the same; and
  2. AVG agrees to provide the Services to the Consumer Customer prior to the expiry of the Cancellation Period.

10.3 To exercise the right to cancel in accordance with clause 10.1 above, the Consumer Customer must inform AVG with a clear statement of its intention to cancel the Works by writing to AVG by email at: info@avgwindscreens.co.uk or info@avgwindscreens.co.uk or by telephone on: 0333 015 3883. The Consumer Customer may use the model cancellation form at Schedule 1 to these Terms and Conditions, but it is not obligatory.

10.4 If AVG have provided the Services to the Consumer Customer before the expiry of the Cancellation Period in accordance clause 10.2 above and AVG has completed the Works prior to the Consumer Customer’s notification of cancellation, the cancellation will not be effective and the Consumer Customer shall be liable to pay for all sums due under these Terms and Conditions (or no refund if payment has already been made).

10.5 If the Consumer Customer cancels the Works during the Cancellation Period but We have by that time begun but not completed the Work, the Consumer Customer shall be entitled to a refund less the costs and charges of any Works already provided.

10.6 Any parts which We have ordered, but not used by the time the Consumer Customer cancels the contract, will remain Our property. We may use or dispose of it as We see fit without accounting to the Consumer Customer for their cost.

10.7 Where a repair is not able to be competed due the repair having previously been repaired or not repairable due to other reasons, AVG Windscreens may charge a cancellation fee.

11. Regulations – this clause 11 applies to the Consumer Customer only.

We are required by the Regulations to ensure that certain information is given or made available to the Consumer Customer as a Consumer before We make Our contract with the Consumer Customer (i.e. before We confirm the Booking for any Works) except where that information is already apparent from the context of the transaction. We have included the information in these Terms and Conditions for the Consumer.

12. Information – this clause 12 applies to the Consumer Customer only.

12.1 As required by the Regulations:

  1. all of the information described in clause 11; and
  2. any other information which We give to the Consumer Customer about any Services or AVG which the Consumer Customer takes into account when deciding to make a Customer Request or when making any other decision about the Services;

will be part of the terms of Our contract with the Consumer Customer as a Consumer.

Clauses 13 applies to Corporate Customers ONLY. For the avoidance of doubt, clauses 13 does not apply to Consumer Customers.

13. Corporate Customer Cancellation – this clause applies to Corporate Customers only.

13.1 The Corporate Customer may rearrange an Appointment on providing notice to AVG no less than 12 hours before the start time of the Timeframe on the Appointment. If the Corporate Customer fails to provide at least 4 hours’ notice in accordance with this clause 13.2, it shall be liable to pay a cancellation charge of £35 + VAT in addition to the Price.

13.2 Where a Customer wishes to cancel a Same Day Appointment or is unable to comply with clause 13.1; then AVG may agree, at its sole and absolute discretion (but is under no obligation to do so), to accept the cancellation of a Same Day Appointment on less than 4 hours’ notice and/or agree to rearrange an Appointment and waive the cancellation charge.

13.3 Where a repair is not able to be competed due the repair having previously been repaired or not repairable due to other reasons, AVG Windscreens may charge a cancellation fee.

13.4 AVG will notify the Corporate Customer of the available dates and times of any Appointment rearranged by the Corporate Customer in accordance with clause 13.1.

14. CUSTOMER CONFIDENCE AND SATISFACTION, AND COMPLAINTS

14.1 Whilst We always use all reasonable endeavours to ensure that the experience as a Customer of Ours is a positive one, We nevertheless want to hear from Our Customers if it has any cause for complaint.

14.2 If a Customer is not entirely satisfied with the Works or has any complaint about the Works or Our Services or any other complaint about Us, please contact Our customer services team who can be contacted by telephone on: 0333 015 3883 or by email address at: info@avgwindscreens.co.uk or broker@avgwindscreens.co.uk.

15. SUB-CONTRACTING

AVG shall be entitled to appoint a sub-contractor to supply the Services and any of its obligations under these Terms and Conditions.

16. AVG’S INSURANCE

We shall at all times have in place suitable and valid insurance, including public liability insurance.

17. LIMITATION OF LIABILITY

17.1 Without to prejudice to clause 17.3 and clause 17.4 (where applicable) references to liability in this clause 17 shall include every kind of liability arising under or in connection with these Terms and Conditions including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

17.2 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation; and

17.3 For Consumer Customers only: as a ‘consumer’ as defined by the Consumer Rights Act 2015, or as a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to the Consumer Customer, or the Consumer Customer rights or remedies, or Our liability to the Consumer Customer, under:

  1. the Consumer Rights Act 2015;
  2. the Regulations;
  3. the Consumer Protection Act 1987; or
  4. any other consumer protection legislation;

as that legislation is amended from time to time.

For more details of the Consumer Customer’s legal rights, please refer to the Citizens’ Advice Bureau or Trading Standard Office.

18. WARRANTY

18.1 We will meet Our warranty obligations during the Warranty Period by remedying or repairing the Works and/or parts free of charge and by repairing or replacing defective parts free of charge if you demonstrate to us that the Works or repair is defective or has not been carried out properly (the ‘Warranty’).

a) For clarification, we will not cover any loss of earningsassociated with the vehicle being off the road.

18.2 If the Customer wishes to make a claim under the Warranty, it must do so within the Warranty Period. AVG will not accept any claims made by a Customer where such claims are notified to AVG after the Warranty Period has expired, irrespective of whether the defective work or parts were noticed by the Customer during the Warranty Period.

18.3 Any Warranty that We give the Customer applies only to the Customer’s Vehicle. If the Customer sells or otherwise transfer ownership of its Vehicle to another person, the new owner of the Vehicle will be entitled to the benefit of the Warranty for the rest of the Warranty Period.

18.4 We will be entitled to void any Warranty that We give the Customer if the Vehicle is used for anything other than normal purposes (unless We explicitly tell the Customer otherwise). This includes:

  1. participating in racing or other competitions of any kind;
  2. participating in speed testing or time trials;
  3. use of the Vehicle in a way which exceeds its design limitations (exceeding maximum towing weight, for example);
  4. use of the Vehicle in a way which does not conform with Manufacturer’s recommendations; or
  5. failure to service or otherwise maintain the Vehicle in accordance with the Manufacturer’s recommendations.

18.5 Any Warranty entitlement under clause 18.1 shall also be void if, in Our sole and absolute discretion, any defect is caused the Customers failure to comply with Our ‘after care’ instructions which are communicated to the Customer at the time of, or prior to, the completion of the Works including, without limitation, any ‘safe driveaway time’ during which time the Vehicle should not be driven to allow the Works to dry and/or any requirement to avoid washing the Vehicle.

18.6 For the Consumer Customer only (and for the avoidance of doubt, not the Corporate Customer): The rights and remedies that We give the Consumer Customer under this clause 18 to provide repairs and replacement parts shall be in addition to all such rights and remedies as are available to the Consumer Customer as a Consumer.

19. HOW WE USE THE CUSTOMER’S PERSONAL INFORMATION (DATA PROTECTION)

19.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (the ‘GDPR’) and the Customer’s rights under the GDPR.

19.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Customer’s rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available on our website at: https://avgwindscreens.co.uk/privacy-policy/.

20. MATTERS OUTSIDE THE PARTIES CONTROL

20.1 AVG shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.

21. NO WAIVER

No failure or delay by Us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy by Us. No single or partial exercise of such right or remedy by Us shall prevent or restrict the further exercise of that or any other right or remedy.

22. ASSIGNMENT FOR CONSUMER CUSTOMERS ONLY

22.1 AVG may transfer these Terms and Conditions to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact the Consumer Customer in accordance with clause 2.2 to let the Consumer Customer know if We plan to do this. If the Consumer Customer is unhappy with the transfer it may contact Us (using the details set out in clause 2.1) to end these Terms and Conditions within two (2) weeks of Us telling the Consumer Customer about it and We will refund the Consumer Customer any payments it has made in advance for Services which have not been provided by Us at the time of the transfer under this clause 22.1.

22.2 The Consumer Customer needs Our consent to transfer its rights under these Terms and Conditions to someone else (except as specifically permitted in clause 18.3). The Consumer Customer may only transfer its rights or obligations under these Terms and Conditions to another person if We agree to this in writing. We may not agree if such transfer materially affect Our ability to provide the Services. However, the Consumer Customer may transfer the Warranty in accordance with clause 18.3 if the Consumer Customer sells or otherwise transfer ownership of its Vehicle to another person. We may require the person to whom the Warranty is transferred to provide reasonable evidence that they are now the owner of the Vehicle.

23. ASSIGNMENT FOR CORPORATE CUSTOMERS ONLY

23.1 Except as specifically permitted by clause 18.3 of these Terms and Conditions, the Corporate Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Terms and Conditions.

22. SEVERANCE

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

23. CHANGES TO TERMS AND CONDITIONS

We may from time to time change these Terms and Conditions, but We will use Our reasonable endeavours to inform the Customer as soon as is reasonably possible of any such change. For Consumer Customers only, we shall obtain your consent before making any changes to these Terms and Conditions unless such changes are necessary by law, court or other competent jurisdiction.

24. LAW AND JURISDICTION

24.1 These Terms and Conditions and the relationship between the Customer and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

24.2 Any dispute, controversy, proceedings or claim between the Customer and Us relating to these Terms and Conditions or the relationship between the Customer and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

SCHEDULE 1: CONSUMER CUSTOMER CANCELLATION FORM

(Consumer Customer only (and for the avoidance of doubt, not the Corporate Customer) may return this form only if the Consumer Customer wishes to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

Advanced Vehicle Glazing Ltd
Registered in England: 02892561
Unit 7 Kempston Court, Kempston Hardwick, Bedford, MK43 9PQ
VAT Registration No.: 342731221
Telephone: 0333 015 3883

AVG STANDARD TERMS AND CONDITIONS

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